In any significant dispute, you cannot leave success to chance. ENGARDE gets to the heart of its clients’ issues, manages matters with objectivity and clarity. We do not waste time or reputation on pointless posturing. We seek satisfactory resolution or a successful outcome in negotiations, before a court or arbitration institution.

Spanning many fields of expertise and industries, our lawyers’ combined experience and knowledge of the intricacies involved in dealing with litigious matters allows them to define the most appropriate strategy for each specific case and develop the right solution for our clients.

As a part of our team approach, we regularly work with clients and lawyers in other jurisdictions. Our professionals have close working relationships with clients and lawyers in North America, the United Kingdom, Europe and Asia, and are frequently involved in multi-jurisdictional litigation, and in the enforcement of foreign judgments and arbitration awards. Such relationships allow us to assemble the right resources to seamlessly address any of your problems with an international dimension.

Litigation

Whatever the area of law, industry, type of litigation or representations required, we focus at the outset on understanding the strategic objectives of our clients and on understanding their business and industry. The collective know-how of the litigation group is then mobilized to respond rapidly, efficiently and effectively to our clients’ needs. Initial risk assessment is conducted in order to elaborate a winning strategy focused on costs and optimal results. We also offer transactional advice to minimize post-closing litigation risks.

We regularly represent clients in a wide range of matters, including:

  • commercial disputes
  • administrative & tax litigation
  • civil rights protection
  • intellectual property litigation
  • corporate & shareholders’ disputes
  • cross-border litigation
  • defamation & media
  • banking litigation
  • labour disputes

From our youngest to our most senior, our litigators are strong advocates with unparalleled skills litigating cases across Ukraine before the local, appellate, high specialized courts as well as in the Supreme Court of Ukraine.

International arbitration

For many of our clients, arbitration has become the preferred method of resolving international commercial disputes. It offers parties many advantages over litigation in public courts, including privacy, the ability to select the tribunal, flexible procedures, internationally enforceable awards, and finality.

Members of our arbitration practice group have acted as counsel in numerous international arbitrations, both ad hoc and institutional, conducted under the rules of the world’s leading international arbitration institutions, such as the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the Arbitration Institute of the Stockholm Chamber of Commerce, Vienna International Arbitral Centre, and under UNCITRAL Rules. We also have extensive experience in counselling our clients in disputes before the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry (ICAC at the UCCI).

ENGARDE is one of the few Ukrainian law firms with vast experience in investment arbitration, having counselled clients in disputes arising under international law and investment treaties.

Irina Nazarova serves as an arbitrator in major disputes in various arbitration institutions. She has been recently elected as Ukraine’s representative in the Commission on Arbitration of the International Chamber of Commerce (ICC) Paris.

Alternative dispute resolution

Wherever appropriate, we encourage the use of amicable dispute resolution (ADR) to avoid the financial, reputational and other risks associated with litigation. Our lawyers are trained in a range of ADR techniques and are skilled in determining which process will best resolve the dispute at hand. Our services include principled negotiations, mediation, early neutral intervention, mini-trial or other forms of ADR.

Protection of human rights

Our lawyers have experience of conducting a broad range of cases before the Ukrainian courts and the European Court of Human Rights dealing with the liberty of individuals and with the protection of business assets and other property rights. In particular, we have advised individuals on various aspects of European Convention on Human Rights and the Constitution of Ukraine.